HomeMy WebLinkAbout20031506.tiff EXHIBIT INVENTORY CONTROL SHEET
Case ORD #2003-1 -WELD COUNTY ROAD 1 COALITION
Exhibit Submitted By Exhibit Description
A. City of Longmont Letter (03/14/203)
B. ltn Planning //1J Staff Land Ownership Affidavits C. ,thotuti (41.21,2603)
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2003-1506
03/14/03 16:09 FAX 970 304 6498 WELD PLANNING i0002
MAR.14.2083 11:40AM r10.587 P.1
Department of Community Development
'�
Office of the Director V Fa
Civic Center Complex
950 Klmberk Street
Longmont.Colorado 80501 Q
(303)651-8320.Fax:(303)851-9896 Q.to v
E-mail; M mail:PDELV*CI.LONONT.CQ.US A
To: Monica Mika-Daniels,Weld County Planning Services Director
CO Jay Rourke, Assistant City Attorney
From: Phil DelVecchlo,Director Community Development
Data: March 14, 2003 �t
Re: MUD Expansion
Please consider this letter as a supplement to the City of Longmont's June 5s'2002 response to Weld County
Case number x2002-)0C, Amendment to the Mud Plan as submitted by the WCR#1 Coalition.
This application was submitted to the County in March 2002,following the City of Longmont's adoption,at
the request of the County Commissioners,of the Cooperative Planning Agreement,and, while tedtn'xally
exempt from its provisions,we don't think that It should predude the County Commissioners from using
several of the Agreements principles,along with a variety of other factors,to deny this MUD amendment
One of those principles was to encourage urban development to be annexed to and served by an entity in the
business of providing urban services such as Longmont. This helps to ensure that services are provided in
the most effldent land use pattern possible,one that is adjacent to existing urban services. This principle is
also a critical requirement of Weld County's when amending Its I.25 MUD area.
We agree With the Weld County Planning Commission and Weld County Planning staff that there is no
contiguity between the proposed additions to the MUD and the existing MUD,as required by the Weld County
Ordinance. The applicants have mistakenly identified the ownership of the parcel dividing the S.Valley Drive
LLC property(owned by Mr.Adrian)as being owned by the Clover Industrial LLC,which we believe is also
owned by Mr. Adrian. That Is Incorrect. That parcel is owned in fee by the privately owned Union Reservoir
Company,and that company has not Joined in this application, nor has it been contacted regarding the
application to change its zoning to MUD.
The lack of contiguity highlights the fact that granting this application will literally create an "island" of the
MUD surrounded by property that Is either owned by or annexed to the qty of Longmont Creating such an
island hardly squares with the primary MUD Goal to .,"Establish a sense of community identity within the
Mbted Use Development area." (Sec. 26-1-50 B.1a.), In fact it runs counter to the desired goal set out as
Sec. 26-1-50A. that: .."Defining and shaping communities within the MUD area not only open doors for more
ttinctional regional activity, but will improve the sense of place for local residents and business owners."
The application is also deficient In not demonstrating that public services will be provided, The City of
Longmont is the designated provider of wastewater services to this area,and no requests have been made,
nor a formal commitment sought for such service. We also understand that the applicants have yet to seek
a commitment from the Longs Peak Water Dishict to supply water service to this area.
It is for these reasons as well as those Identified in our June 5r^,2002 letter that we respectfully request that
the eid County Board of Commissioners deny this application to amend the MUD.
EXHIBIT
AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/set...0050,12073I000055,120731000007,&Par2=500
= EXHIBIT
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 120731000060
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has
not been modified from the original. The list compiled from the records of the Weld County
Assessor was assembled within thirty days of the application's submission date.
Signature
Date
Property Owners Within 500 ft. of Parcel# 120731000060
NAME MAILING ADDRESS PARCEL IDENTIFICATION #
BRAESCH TERRY A 8i
12456 WCR 1 120731000061
KATHRYN A LONGMONT CO 80504
12516 COUNTY RD 1
ECKEL MARGARET 120731200065
LONGMONT,CO 80504
CIO PATRICIA ECKEL
ECKEL MARGARET TRUSTEE 12516 WELD CO RD 1 ! 120731200068
LONGMONT CO 80504
12490 WCR 1
IDEN BERNEN E 8t LOIS G 120731000004
LONGMONT,CO 805049575
350 KIMBARK ST
LONGMONT CITY OF 120731200065
LONGMONT,CO 80501
ATTN: KEN HUSON WATER
LONGMONT CITY OF DEPT 120731200069
350 KIMBARK ST
LONGMONT,CO 80501
3RD 8i KIMBARK
LONGMONT CITY OF 120731200067
LONGMONT,CO 80501
I of 2 03/04/2003 9:30 AM
AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/set...0050,120731000055,120731000007,ezPar2=500
12380 WELD CO RD 1 I
MILLER DAVID R & LINDA 120731000050
;JANE
LONGMONT,CO 80501
12566 COUNTY RD 1
RICE JAMES 120731200065
LONGMONT,CO 80504
SEAMAN THOMAS D 12566 WELD CO RD 1
DIANE F 120731200064
_ LONGMONT,CO 80504
12566 COUNTY RD 1
SEAMAN TOM & DIANE 120731200065
LONGMONT,CO 80504
C/O CHRISTOPHER ADRIAN
SOUTH VALLEY DRIVE LLC P O BOX 717 120731000007
LONGMONT,CO 80502
PO BOX 1198
STAMP JEFF & TERESA 120731200067
LONGMONT,CO 80502
P O BOX 449
UNION RESERVOIR 120731000027
GREELEY,CO 80632
VAN ZUIDEN RICHARD 12540 COUNTY RD 1
FAMILY TRUST 120731000002
LONGMONT,CO 80504
12244 WELD CO RD 1
WILLIS PHILLIP M 8I MARSHA 120731000055
LONGMONT,CO 80504
-----------------_-� 12624 COUNTY RD 1
ZARUBA RONALD 120731200067
_._.___---------------_-._-_ - LONGMONT,CO 80504
2 of 2 03/04/2003 9:30 AM
AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/set...0004,120731000050,120731000055,8tPar2=500
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 120731000050
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has
not been modified from the original. The list compiled from the records of the Weld County
Assessor was assembled within thirty days of the application's submission date.
Signature
Date
Property Owners Within 500 ft. of Parcel# 120731000050
NAME ! MAILING ADDRESS PARCEL IDENTIFICATION #
BRAESCH TERRY A 8t 12456 WCR 1
KATHRYN A 120731000061
LONGMONT,CO 80504
12490 WCR 1
IDEN BERNEN E 81 LOIS G 120731000004
_ _ LONGMONT,CO 805049575
r 12244 WELD CO RD 1
WILLIS PHILLIP M az MARSHA 120731000055
LONGMONT,CO 80504
ILLIS PHILLIP M 8i MARSHA 12244 WELD CO RD 1
120731000060
LONGMONT,CO 80504
I of 1 03/04/2003 9:42 AM
AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/set...0060,120731000061,120731000004,acPar2=500
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 120731000002
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has
not been modified from the original. The list compiled from the records of the Weld County
Assessor was assembled within thirty days of the application's submission date.
Signature
Date
Property Owners Within 500 ft. of Parcel# 120731000002
NAME MAILING ADDRESS PARCEL IDENTIFICATION #
BRAESCH TERRY A St 12456 WCR 1
jKATHRYN A 120731000061
LONGMONT,CO 80504
CIO PATRICIA ECKEL
ECKEL MARGARET TRUSTEE 12516 WELD CO RD 1 120731200068
LONGMONT,CO 80504
12490 WCR 1
IDEN BERNEN E 81 LOIS G 120731000004
LONGMONT,CO 805049575
KELLIHER JOSEPH R 8t 12628 COUNTY RD 1
MAXINE L 120731000058
LONGMONT,CO 805049575
3RD 8t KIMBARK
LONGMONT CITY OF 120731200067
LONGMONT,CO 80501
ATTN: KEN HUSON WATER
LONGMONT CITY OF DEPT 120731200069
350 KIMBARK ST
LONGMONT,CO 80501
SEAMAN THOMAS D 8t 12566 WELD CO RD 1
DIANE F 120731200064
LONGMONT,CO 80504
- -- PO BOX 1 198
1 of 2 02/25/2003 10:56 AM
AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/set...0060,120731000061,120731000004,&Par2=500
STAMP JEFF & TERESA 120731200067
LONGMONT,CO 80502
!WILLIS PHILLIP M Si MARSHA 12244 WELD CO RD 1
A 120731000060
LONGMONT,CO 80504
12624 WELD CO RD 1
ZARUBA RONALD 120731200066
LONGMONT,CO 80504
12624 COUNTY RD 1
ZARUBA RONALD 120731200067
LONGMONT,CO 80504
2 of 2 02/25/2003 10:56 AM
AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/set...0060,120731000061,120731000004,8&Par2=500
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 120731200068
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has
not been modified from the original. The list compiled from the records of the Weld County
Assessor was assembled within thirty days of the application's submission date.
Signature
Date
P rope_r_ty____Ow__n__e__rs Within 500 ft. of Parcel# 120731200068
_
NAME I MAILING ADDRESS I PARCEL IDENTIFICATION #
12456 WCR 1
BRAESCH TERRY A 8t I 120731000061
KATHRYN A LONGMONT,CO 80504
12516 COUNTY RD 1
ECKEL MARGARET 120731200065
LONGMONT,CO80504
12490 WCR 1
IDEN BERNEN E 8i LOIS G 120731000004
LONGMONT,CO 805049575
KELLIHER JOSEPH R 8t 12628 COUNTY RD 1
MAXINE L 120731000058
LONGMONT,CO 805049575
350 KIMBARK ST
LONGMONT CITY OF 120731200065
LONGMONT,CO 80501
ATTN: KEN HUSON WATER
DEPT
LONGMONT CITY OF 350 KIMBARK ST 120731200069
LONGMONT,CO 80501
3RD 8t KIMBARK
LONGMONT CITY OF 120731200067
LONGMONT,CO 80501
1 of 2 03/04/2003 8:58 AM
AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/set...0060,120731000061,120731000004,eiPar2=500
12566 COUNTY RD 1
RICE JAMES 120731200065
LONGMONT,CO 80504
(SEAMAN
DIANE F THOMAS D St 12566 WELD CO RD 1 120731200064
LONGMONT,CO 80504
12566 COUNTY RD 1
SEAMAN TOM at DIANE 120731200065
LONGMONT,CO 80504
PO BOX 1198
STAMP JEFF 81 TERESA 120731200067
LONGMONT,CO 80502
VAN ZUIDEN RICHARD 12540 COUNTY RD 1
FAMILY TRUST 120731000002
LONGMONT,CO 80504
WILLIS PHILLIP M 8I MARSHA 12244 WELD CO RD 1
120731000060
LONGMONT,CO 80504
12624 WELD CO RD 1
ZARUBA RONALD 120731200066
LONGMONT,CO 80504
12624 COUNTY RD 1
jZARUBA RONALD 120731200067
LONGMONT,CO 80504
2 of 2 03/04/2003 8:58 AM
AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/set...0061,120731000004,120731000050,8&Par2=500
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 120731000004
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has
not been modified from the original. The list compiled from the records of the Weld County
Assessor was assembled within thirty days of the application's submission date.
Signature
Date
Property Owners Within 500 ft. of Parcel# 120731000004
NAME MAILING ADDRESS PARCEL IDENTIFICATION #
BRAESCH TERRY A az 12456 WCR 1
KATHRYN A 120731000061
LONGMONT,CO 80504
CIO PATRICIA ECKEL
ECKEL MARGARET TRUSTEE 12516 WELD CO RD 1 120731200068
LONGMONT,CO 80504
ATTN: KEN HUSON WATER
DEPT
LONGMONT CITY OF 350 KIMBARK ST 120731200069
LONGMONT,CO 80501
MILLER DAVID R az LINDA 12380 WELD CO RD 1
;JANE 120731000050
LONGMONT,CO 80501
SEAMAN
DIANE F THOMAS D al 12566 WELD CO RD 1 120731200064
LONGMONT,CO 80504
VAN ZUIDEN RICHARD 12540 COUNTY RD 1
FAMILY TRUST 120731000002
LONGMONT,CO 80504
WILLIS PHILLIP M az MARSHA 12244 WELD CO RD 1
120731000060
A LONGMONT,CO 80504
1 of 1 03/04/2003 9:00 AM
AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/set...0061,120731000004,120731000050,a&Par2=500
AFFIDAVIT OF INTERESTED LAND OWNERS
SURFACE ESTATE
Subject Parcel: 120731000061
THE UNDERSIGNED, states that to the best of his or her knowledge the attached list is a true and
accurate list of the names, addresses, and the corresponding Parcel Identification Number assigned
by the Weld County Assessor of the owners of the property (the surface estate) within 500 feet of
the property being considered. This list was compiled utilizing the records of the Weld County
Assessor available on the Weld County Internet Mapping site, http://www.co.weld.co.us, and has
not been modified from the original. The list compiled from the records of the Weld County
Assessor was assembled within thirty days of the application's submission date.
Signature
Date
Property Owners Ow_n_e_rs Within 500 ft._ of Parcel# 120731000061
_
NAME MAILING ADDRESS I PARCEL IDENTIFICATION #
12516 COUNTY RD 1
ECKEL MARGARET 120731200065
LONGMONT,CO 80504
C/O PATRICIA ECKEL
ECKEL MARGARET TRUSTEE 12516 WELD CO RD 1 120731200068
LONGMONT,CO 80504
12490 WCR 1
WIDEN BERNEN E 8L LOIS G 120731000004
LONGMONT/CO 805049575
ATTN: KEN HUSON WATER
LONGMONT CITY OF DEPT 120731200069
350 KIMBARK ST
LONGMONT,CO 80501
350 KIMBARK ST
LONGMONT CITY OF 120731200065
LONGMONT,CO 80501
3RD 8L KIMBARK
LONGMONT CITY OF 120731200067
LONGMONT,CO 80501
MILLER DAVID R & LINDA 12380 WELD CO RD 1
ANE 120731000050
LONGMONT,CO 80501
12566 COUNTY RD 1 j
1 of 2 03/04/2003 9:23 AM
AFFIDAVIT OF INTERESTED LAND OWNERS http://maps.merrick.com/website/weld/sec...0061,1 2073 1 000004,120731000050,&Par2=500
RICE JAMES 120731200065
LONGMONT,CO 80504
12566 WELD CO RD 1w
SEAMAN THOMAS D 8t I 120731200064
DIANE F LONGMONT,CO 80504
12566 COUNTY RD 1
SEAMAN TOM 8& DIANE 120731200065
LONGMONT,CO 80504
PO BOX 1198 ---- --
STAMP JEFF 61 TERESA 120731200067
LONGMONT,CO 80502
E - ��'-12540 COUNTY RD 1
VAN ZUIDEN RICHARD 120731000002
FAMILY TRUST LONGMONT,CO 80504
WILLIS PHILLIP M SZ MARSHA 12244 WELD CO RD 1 -
120731000060
A LONGMONT,CO 8050412624 COUNTY RD 1
ZARUBA RONALD 120731200067
LONGMONT,CO 80504 _
2 of 2 03/04/2003 9:23 AM
From: Myrna Folsom <myrna_f_2000@yahoo.com>
To: Carol Harding <charding@co.weld.co.us> T -
Date: 4/2/03 10:08AM rn :3 .
Subject: wcrl coalition
To the Weld Board of County Commissioners H l =r'
U Y�
Subject: Weld County Road#1 Coalition, Ordinance 2003-1
I.-..J
Dear Commissioners:
I urge the Board to reconsider its decision to approve Code Ordinance#2003-1 for the following reasons:
The applicants have not demonstrated compliance with Sections 22-1-150 and 26-1-30 of the Code that
call for the public hearing process for amendments to begin in March or September of each year.
More importantly, the applicants have not demonstrated compliance with Section 22-1-150 B4a of the
code in that parts of the proposed amended area are not contiguous and not adjacent to the existing I-25
Mixed Use Development area Map.
The allegation by the applicants,E representative that the intent of the Comprehensive Plan was to
prevent flagpole configurations is not supported by any evidence. The purpose of the Comprehensive Plan
is to affect what it states. The Comprehensive Plan has been recently extensively amended by the Board.
Apparently, the Board did not see any necessity to modify, restrict or make exceptions to the adjacency
and contiguity requirement.
The Board might want to refer to the definitions of adjacent and contiguous as set forth in Black/Es Legal
Dictionary to rebut the questionable assertion by the applicantslE representative that the lands north of the
strip of land do meet the requirement of adjacency.
One of the applicants stated that he requests the Board to represent his interests. It would seem that it is
the purview of the appropriate courts, in response to an action brought by the applicant, to perform this
function rather than the Board, which is being requested to more than represent, but to advance his
interests.
The statement by a Board member, that the existence of the strip of land preventing adjacency and
contiguity is a otechnicalityo, is without merit. The strip of land is an actuality that voids the land north of it
from inclusion in the MUD district. Further, it is highly questionable whether the alleged enhancement of
property rights and equalization of capabilities for specific individuals is a legitimate goal or should be a
policy of the Board.
The Board should consider the possible motives of the applicants other than the subjective and
self-promoting ones that they have presented. Might the driving motive be to use the Board as a
contrivance to enhance their bargaining power in their negotiations with the City of Longmont for its
acquisition of their property for an essential public need for additional water storage in Union Reservoir?
In any event, the city of Longmont has passed an ordinance, empowering action, if negotiations fail, to
condemn through its powers of eminent domain the property it requires for the above purpose as provided
by CRS38-6-110 and 38-6-122, as interpreted by precedential court actions.As a result, in my opinion, if
approved by the Board, it will be left in the position of being a willing pawn in the dispute between the
applicants and the City of Longmont, in which approval of the Board of the amendment will have no affect
on the outcome, in the long run. The Board/Es decision should be based, if I may, on the clear
requirements of the Code and not get involved in the murky waters of the negotiations between the City of
Longmont and the applicants.
1 EXHINIT
I 0.--
'' ► # -!
John Folsom
PS Information for this letter is based on the Records of Proceedings of the first and second readings of
proposed Code Ordinance#2003-1 and other referenced material. JF
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